U.S. Fourth Circuit Upholds Censorship of Prisoner Magazine by Virginia state prisoners brought suit alleging First Amendment violations due to denial of publication of one issue of their state funded magazine. The magazine is organized and edited by prisoners but subject to pre-publication approval by prison authorities. A U.S. district …
Due Process Clause Not Implicated by Guard's Negligence by The U.S. Supreme Court upheld a Federal Appeals Court decision that the Fourteenth Amendment does not afford protection to a person in custody when injury results from the negligence of a state official. After injuring himself in a fall caused by …
Harassment in Cell Searches Not Permitted by The U.S. Fourth Circuit Court of Appeals reversed and remanded the U.S. District Court of Virginia in a cell shakedown case involving destruction of a prisoner's personal property and legal material. Russell T. Palmer, Jr., a prisoner at the Bland Correctional Center in …
Fourth Circuit Affirms No Privacy Right in Cell Searches by Virginia prisoner Russell Palmer sued Bland Correctional Center guard Ted S. Hudson for civil rights violations in intentionally searching his cell and maliciously destroying his property and legal work. The district court granted summary judgment to the officer, holding Palmer …
Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict by Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict Upheld The Fourth Circuit Court of Appeals held a district court properly applied a subjective and objective test to determine a defendant's good …
Tear Gassing of VA Prisoner Requires Trial by The Fourth Circuit Court of Appeals held that material facts were in dispute in a Virginia prisoner's suit alleging guards willfully and maliciously fired a tear gas device in his face at point blank range that their action was punitive and not …
Habeas Corpus Review Restricted in Military Trials by The Tenth Circuit Court of Appeals held the writ of Habeas Corpus is unavailable to persons convicted by a military tribunal when that tribunal gave fair and full consideration to the questions raised in the Habeas petition. William M. Lips was convicted …
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Access Denied to Law Library; Claim Stated; Summary Judgment Vacated by The U.S. Fourth Circuit Court of Appeals, vacating in part the grant of summary judgment by the U.S. District Court, Western District of Virginia, to state prison officials, held that a Virginia state prisoner who alleged -- among other …
Dirty Cop's Racketeering Sentence Upheld by The U.S. Fourth Circuit Court of Appeals upheld the sentence imposed by the U.S. District Court for the Western District of Virginia on a police officer convicted of racketeering. The police officer had challenged the factual findings by the court to impose the sentence. …
No Retroactive Application of Wolff or Landman by The U.S. Supreme Court held that two cases determining due process procedures in prison disciplinary cases could not be applied retroactively. A Virginia prisoner brought an action against prison authorities alleging due process violations after he was charged with disciplinary infractions and …
Marshalls Liable for Delay in Treating Detainee's Broken Arm by The Fourth Circuit Court of Appeals held that delay in treatment for a broken arm is actionable. This action was filed by a federal prisoner awaiting trial on federal bank robbery charges and held in the Alexandria, Virginia local jail …
District Court Reversed; Warden's Defamation Suit Ordered Dismissed by The U.S. Fourth Circuit Court of Appeals, reversing the U.S. District Court, Western District of Virginia, held that Connecticut newspapers sued by a Virginia prison warden for defamation and libel after posting allegedly defamatory articles on their websites did not manifestly …
No Liberty Interest in Virginia Jail Work Release by The court of appeals for the Fourth Circuit held that the Riverside Regional Jail Authority in Virginia is a municipal agency and not a branch of state government, therefore they are to entitled to Eleventh amendment immunity from suit. The court …
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Commercial Speech Protection Extends to Sender & Recipient by The United States Supreme Court held in a Virginia case that First Amendment protections related to commercial speech are enjoyed by both the advertisers who seek to disseminate information and the intended recipients of that information, stating: If there is a …
Altercation Suit Brought By Prisoner Backfires; $250,000 Awarded to Guard by Virginia state prisoner Lament Douglas brought a § 1983 suit against prison guard J. McCarty for an altercation which left both parties injured. The Court granted remittur and awarded $250,000 to McCarty on his counterclaim. Douglas' motion for a …
Claims May Be Found Within Content Of Complaint by A Virginia State Prisoner, Jerome Howard appealed the district court's dismissal of his claim of deliberate indifference to a medical need for failure to state a claim. Howard was housed on the second tier even with his clubbed foot. Howard fell …
Hearing Officer Immune in Barring Witness Questioning by The plaintiff was disciplined, on appeal the tape of the hearing was damaged and unintelligible, so the charge and incident were expunged. The officers who reported the plaintiff's conduct did not violate the plaintiff's rights. At 791: ". . . [A] correctional …
